The bill strengthens antitrust enforcement and private recovery powers to protect competition and deter misconduct, but it raises significant legal uncertainty, compliance costs, and the risk of retroactive breakups that could disrupt businesses and raise prices.
Middle‑class consumers and small businesses are more likely to face less monopolistic consolidation because federal agencies can block or unwind very large (>$10 billion) transactions, preserving competition in affected markets.
People and businesses harmed by anticompetitive conduct can sue for damages for up to 10 years (instead of 4), increasing chances of recovery and strengthening deterrence against unlawful mergers and conduct.
State attorneys general gain stronger tools to intervene and seek divestiture in suspect transactions, giving state governments greater ability to protect local markets.
Companies that completed large transactions during 2025–2029 (and their shareholders and employees) could be forced to divest assets, creating significant transaction uncertainty, costs, and disruption.
Businesses and consumers face substantially higher legal and compliance exposure because the bill both lengthens the damages window and authorizes aggressive remedies and penalties (daily caps, up to 5% of transaction value, potential treble damages), which can raise litigation costs and ultimately consumer prices.
Broad state intervention rights and an expanded reach for enforcement may produce inconsistent outcomes across jurisdictions and increase litigation, imposing costs on businesses and courts.
Based on analysis of 4 sections of legislative text.
Authorizes post‑closing review and presumptive divestiture for $10B+ mergers closed Jan 20, 2025–Jan 19, 2029 and extends antitrust civil statute of limitations from 4 to 10 years.
Official title: Amend the Clayton Act to provide for the divestiture of certain transactions, and for other purposes.
Introduced April 29, 2026 by Cory Anthony Booker · Last progress April 29, 2026
Requires review and likely structural relief for very large mergers (transactions valued at $10 billion or more) that closed during a defined four‑year window (Jan 20, 2025–Jan 19, 2029) and creates a process to unwind those deals unless defendants obtain declaratory relief by meeting specified market‑structure and conduct tests. It also lengthens the antitrust statute of limitations from four to ten years and adds preservation, penalty, trustee, and evidentiary rules to support post‑closing enforcement. Applies to federal antitrust enforcers (DOJ, FTC) plus several agencies (FCC, DOT, STB), state attorneys general, merging parties, advisers, and courts; it creates review timelines, potential divestiture or hold‑separate remedies, civil penalties tied to transaction value, treble damages for knowing violations, and procedural safeguards for market definition and evidence preservation.